1. #1

    Question regarding a court case

    Alright, A little while back a friend of mine got a ticket for "distracted driving" because she put her cup in her cup holder at a stop sign and the officer said she was playing on her phone texting and such, her phone records prove she didn't send or receive any texts at the time of the incident.
    Now here's where the question comes in.

    She pled not guilty at the hearing so they set a real court date, now the police officer went on military leave and decided to fly to Japan knowing full well he had a court date that he was supposed to attend at this time.
    So the courts have now rescheduled the entire court date because this officer decided he was going to skip out on court for vacation.

    Now the question is, is this grounds to get the case thrown out so she doesn't have to keep going back, or is she going to have to go back and prove her innocence despite the accusing officer/only witness just deciding he didn't feel like showing up?

  2. #2
    Don't know what country you're from but in the US, the judge will throw out the case if the arresting officer doesn't appear. Technically he is the one pressing charges, just like any citizen can press charges, he is also the only witness to the crime.
    .

    "This will be a fight against overwhelming odds from which survival cannot be expected. We will do what damage we can."

    -- Capt. Copeland

  3. #3
    Quote Originally Posted by Hubcap View Post
    Don't know what country you're from but in the US, the judge will throw out the case if the arresting officer doesn't appear. Technically he is the one pressing charges, just like any citizen can press charges, he is also the only witness to the crime.
    Georgia, USA
    Sorry, forgot my location isn't set to show...

    Apparently the judge is the one that put the delay on the case...

    Would there be something she has to do to get it done?
    Even such as actually requesting it be dismissed?

  4. #4
    Quote Originally Posted by KeirAdish View Post
    Georgia, USA
    Sorry, forgot my location isn't set to show...

    Apparently the judge is the one that put the delay on the case...

    Would there be something she has to do to get it done?
    Even such as actually requesting it be dismissed?
    you really would have to ask a lawyer.

  5. #5
    Quote Originally Posted by KeirAdish View Post
    Georgia, USA
    Sorry, forgot my location isn't set to show...

    Apparently the judge is the one that put the delay on the case...

    Would there be something she has to do to get it done?
    Even such as actually requesting it be dismissed?
    You can call the court and talk to a clerk, they can't advise you on legal things but they might be able to advise you on the paperwork you need.
    .

    "This will be a fight against overwhelming odds from which survival cannot be expected. We will do what damage we can."

    -- Capt. Copeland

  6. #6
    I've heard in the past that if the officer doesn't show up two or three times for these things, then they will throw it out. But it does take multiple times. Not a lawyer, just what i've heard.

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